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constitute a quorum, including a quotation of the pertinent portion of the articles of incorporation, bylaws, or other corporate papers relating to the matter of a quorum. If the corporate owner is qualified as a citizen of the United States under the definition contained in §3.19 (a) (4), the oath shall be on customs Form 1260 and the accompanying certificate shall include information as to the names, home address, and citizenship of all officers and directors.

(d) In all cases where there is more than one owner, the proportions owned by each shall be stated in the oath.

(e) The oath of the owner or of the master required for documentation may be taken before a collector of customs or before any officer authorized by the laws of a state to administer oaths generally. If the oath is not taken before the collector, it may be mailed to him.

(f) A corporation which meets the qualification requirements of §3.19 (a) (4) as a citizen of the United States and which seeks to operate in trade a vessel owned by such corporation and exempt from documentation under § 3.5 shall file in duplicate with the collector of customs for the district in which the vessel business of the owner is conducted a certificate under oath on customs Form 1260 by its president, its secretary, or by any officer or agent thereof duly authorized by a writing under the corporate seal to act in its behalf. Such officer or agent shall also furnish in duplicate a certificate as to the organization of the corporation and the names of all officers and directors of the corporation, showing the home address and citizenship of each.

(g) A corporation which meets the qualification requirements of §3.19(a) (4) as a citizen of the United States and which seeks to qualify under the Act of September 2, 1958 (46 U.S.C. 883-1), for any purpose other than as outlined in paragraph (f) hereof shall file in duplicate with the Commissioner of Customs a certificate under oath on customs Form 1260, appropriately modified to omit reference to any vessel, by the corporation's president, its secretary, or by any other officer or agent thereof duly authorized in writing under the corporate seal to act in its behalf. Such officer or agent shall also furnish in duplicate a certificate as to the organization of the corporation and the names of all officers and directors of the corporation, showing the home address and citizenship of each, and shall state in duplicate in writing

the reasons for desiring to qualify under the Act and the reasons why qualification is not sought under paragraph (c) or (f) of this section.

(h) If any change occurs in any corporation after the filing of a certificate under oath and the other papers required under paragraph (f) or (g) of this section whereby the corporation is no longer entitled to be deemed a citizen of the United States as defined in § 3.19 (a) (4), the corporation shall cause a report of such change to be made in writing in duplicate to the office where the previous certificate under oath was filed.

(i) Upon the filing of a certificate under oath and the other papers required under paragraph (f) or (g) of this section, the collector of customs or the Commissioner of Customs shall furnish the corporation, through its officer or agent, a certificate of filing of such oath on customs Form 1262 which shall be valid for a period of 3 years from the date of its issuance unless there first occurs a change in corporate status requiring a report under paragraph (h) of this section. On or before the date of expiration of the validity of such certificate, a new oath on customs Form 1260 and the other papers required by paragraph (f) or (g) of this section shall be filed with the appropriate officer.

(j) The duplicate copy of the oath and other papers required by paragraphs (f) and (h) of this section and a copy of any certificate issued by the collector under paragraph (i) of this section shall be forwarded promptly to the Commissioner of Customs, who will cause notice of the contents thereof to be given to all collectors of customs concerned. The Commissioner will also give similar notice of the contents of any oath filed with him under paragraph (g) of this section. (Sec. 1, 61 Stat. 633, as amended, 44 Stat. 830, R.S. 4138, 4142, 4139, as amended, 4143, 4144, 4163, 4314, as amended, 4320, as amended, 72 Stat. 1736; 1 U.S.C. 1, 5 U.S.C. 928, 46 U.S.C. 16, 19-22, 33, 254, 262, 883-1)

§ 3.21a Execution of oaths by a parent or subsidiary corporation.

(a) A parent or subsidiary corporation as defined in § 3.1 (h) and (i) shall file a certificate under oath on customs Form 1263 executed by its duly authorized offcer or agent establishing the facts respecting the citizenship of such parent or subsidiary corporation before any vessel owned by a corporation as defined in

Ez §3.19(a) (4) shall transport any merchandise or passengers for such parent or subsidiary corporation, whether the transporting vessel is documented as a #vessel under the laws of the United States or is exempt from the requirements for documentation under § 3.5(c) or otherwise.

(b) The certificate under oath required under paragraph (a) of this section shall be filed in duplicate with the collector of customs at the vessel's home port if the vessel is documented as a vessel of the United States or, if not so documented, with the collector of cusat toms for the district in which the vessel rec business of the owner is conducted. Such e officer or agent shall also furnish in duplicate a certificate as to the organization the of the corporation and the names of all officers and directors of the corporation, showing the home address and citizenhship of each.

(c) When there is any change in the status of a parent or subsidiary corporation which is a citizen of the United States whereby such corporation shall cease to be qualified as a citizen, such corporation shall cause a report of such change to be made in writing in duplicate to the collector of customs at the port where the previous certificate under oath was filed.

(d) The duplicate copy of the oath and other papers required by this section shall be forwarded promptly to the Commissioner of Customs, who will cause notice of the contents thereof to be - given to all collectors of customs conce cerned.

(72 Stat. 1736; 46 U.S.C. 883-1)

§ 3.22 Issue and record of marine docu

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the vessel's home port may grant a new document and shall not refuse to issue such a document merely because the last document is retained by the former owner. In any such case, the new owner shall not be required to produce and surrender the former document, but the issuance of the new document does not remove the liability of the holder of the former document for failure to surrender it.

(d) Upon any change in the address of an owner as shown upon a marine document, a prompt report, giving both the old and the new addresses, shall be made to the collector of customs at the vessel's home port and the marine document shall be presented for amendment of the address to any collector of customs at the first opportunity.

(e) No document shall be issued to any vessel prior to the receipt by the collector of the approval of the designation of the home port by or on behalf of the owner in whose name the document is to be issued.

(f) When a document is issued to a vessel on the Great Lakes, it shall be delivered by the collector in a special envelope, customs Form 1503. When a document is issued to a vessel elsewhere than on the Great Lakes, it shall be delivered in a special envelope, customs Form 1502. In the case of the issuance of any document other than a register or an enrollment and license on customs Form 1276, the date upon which the license for the vessel will expire shall be noted plainly on the face of the envelope.

(R.S. 4141, sec. 1, 43 Stat. 947, R.S. 4155, as amended, 4164, as amended, 4176, 4314, as amended, 4319, as amended, 4329, as amended; 46 U.S.C. 17, 18, 25, 34, 44, 254, 259, 271) § 3.23 Permanent documentation of vessel absent from home port.

(a) A permanent document may be issued to any vessel absent from her home port upon application to the collector for the home port through the office of the collector at the port where the vessel shall be. In such case, all requirements which would be applicable if the vessel were at her home port shall be met at the port where she is before the application is forwarded, except that the owner's and master's oaths may be executed at the home port.

(b) The collector through whom application was made shall forward a certificate on customs Form 1301 to the collector at the vessel's home port, who

shall issue a permanent document and deliver the document either directly or through the collector through whom the application was received.

(Sec. 486, 46 Stat. 725, as amended, R. S. 4328, as amended; 19 U. S. C. 1486, 46 U. S. C. 270) § 3.24 Change of master."

(a) When the master of any documented vessel, except a licensed ferryboat or yacht, is changed, the owner or the new master shall report the change to the collector at the port where the change takes place, or where the vessel first arrives thereafter, and produce to him the documents and file with him a declaration properly executed on customs Form 1311. The collector shall then endorse upon the document the name of the new master.

(b) If the declaration on Form 1311 is mailed to the collector, it shall be accompanied by the vessel's outstanding marine document.

(c) Every application for the endorsement of the names of one or two alternate masters on the license of a vessel in addition to the name of the master already endorsed on the license shall be filled with the collector of customs at the home port of the vessel and shall contain a statement of the condition of employment of the vessel. The endorsement of the names of one or two alternate masters upon the license shall be authorized by the collector or an employee in his office properly designated to grant such authorization whenever that officer or employee, after examining the application, deems the condition of employment of the vessel warrants such action. Under no circumstances shall the endorsement of the names of more than two alternate masters upon the license be authorized. The same declarations shall be required of such alternate masters as are required in the case of other masters.

(d) In the case of a vessel on whose license there are endorsed the names of more than one master, the master actually in charge of the vessel shall assume

14 "Any person or body corporate having more than one-half ownership of any vessel shall have the same power to remove a master, who is also part owner of such vessel, as such majority owners have to remove a master not an owner. This section shall not apply where there is a valid written agreement subsisting, by virtue of which such master would be entitled to possession." (46 U.S.C. 227)

all the duties and responsibilities imposed by any statute upon masters of vessels and is subject to the liabilities provided by any law against masters of vessels during any period in which he is in charge of the vessel.

(e) If two or more vessels are owned by or under the complete control and management of the same person, association, corporation, etc., and are navigated within the limits of the harbor of any town or city, the name of the owner, if an individual, or of some responsible person acting for the owner, may be endorsed as master on the licenses of all such vessels although the person whose name is so endorsed may not be actually employed on any of the vessels. same declaration shall be required of such persons as is required in the case of other masters. Any person whose name is so endorsed is subject to the liabilities provided by any law against masters of vessels.

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(f) The name of the owner, if an individual, or of some responsible person acting for the owner, may be endorsed as master on the license of any unrigged vessel, except one which is required by law to have on board a certificate of inspection and which is required by that certificate to be manned, although the person whose name is so endorsed may not be actually employed on that vessel. The same declaration shall be required of such persons as is required in the case of other masters. Any person whose name is so endorsed is subject to the liabilities provided by any law against the masters of vessels.

(g) The name of the owner, if an individual, or of some responsible person acting for the owner, may be endorsed as master on the license of any vessel engaged in towing from any port or place embraced within the coastwise laws of the United States to any other such port or place plying in whole or in part on inland rivers, canals, waterways, sounds, gulfs, lakes, and harbors, not carrying passengers nor proceeding directly or indirectly to any foreign port or place or to any port or place in noncontiguous territory of the United States, although the person whose name is so endorsed may not be actually employed on that vessel. The same declaration shall be required of such persons as is required in the case of other masters. Any person whose name is so endorsed is subject to the liabilities pro

vided by any law against the masters of vessels.

E(R.S. 4171, as amended, 4335, as amended, sec. 486, 46 Stat. 725, as amended; 19 U.S.C. 1486, 46 U.S.C. 40, 276)

$3.25 Renewal of license.

(a) A permanent or temporary license shall be presented within 3 days (exclusive of any day on which the customhouse is not open for marine business) after its expiration, to the collector of the district where the vessel may then be, or if the vessel is then at sea, within 3 days after her first arrival within any district. A temporary license shall be surrendered within 10 days after the arrival of a vessel at her home port and shall not be renewed at that port.

(b) If a license is presented for renewal at any time within 30 calendar days prior to the date of expiration shown thereon, it may be renewed for a period of 1 year from that date of expiration.

(c) A license may be renewed at any port, whether a port of documentation or not.

(d) When a license is presented for renewal, the master shall make oath in the form prescribed by §3.18 (d).

(e) When a license for a vessel on the Great Lakes is renewed, it shall be redelivered by the collector in a special envelope, customs Form 1503. When a license is renewed for a vessel elsewhere than on the Great Lakes, it shall be redelivered in a special envelope, customs Form 1502. In either case, the date upon which the license for the vessel will expire shall be noted plainly on the face of the envelope and any previous notation of a date of expiration shall be deleted.

(f) The collector at the home port of a licensed or enrolled and licensed vessel shall transmit a notice of the date upon which the license will expire and the form of oath to be executed by the master on customs Form 1280 to the lastknown address of the owner of the vessel not more than 40 days prior to its expiration nor less than 21 days prior thereto. Neither the failure of a collector to transmit such notice and form of oath nor the fact that the master did not receive it shall be deemed to excuse the master from the penalty or penalties provided by law.

R.S. 4325, as amended, 4326, 4327, 4498, as amended; 46 U.S.C. 267-269, 496)

§ 3.26 Surrender of permanent docu

ments.

(a) The marine document shall be surrendered when a vessel is sold or transferred in whole or in part; when the owner of the whole or any part of a vessel dies; when a vessel has been lost, abandoned, dismantled, or taken by an enemy, or otherwise prevented from returning to the United States; when a vessel is burned or broken up; when a vessel is altered in form by being lengthened, shortened, or built upon, or is changed from one denomination to another by a change in the method of rigging or fitting; when the tonnage of a vessel is changed for any reason; when a vessel is altered so that it is no longer of the description set forth in its document; when a vessel changes from one employment to another; when a vessel is placed under foreign registry or flag; when a vessel changes her name; when the home port of a vessel is changed; when a president or secretary whose name appears on the document of a vessel owned by a corporation dies, is removed, or resigns; when a trustee is appointed upon bankruptcy of the owner of the whole or any part of a vessel; when a partnership owning an interest in a vessel is terminated or when there is any change in the membership of such partnership without dissolution of the firm; and when there is any change in the status of a corporation which is a citizen of the United States as defined in § 3.19(a) (4) whereby such corporation shall cease to be qualified as a citizen thereunder.

The approval of the Maritime Administration of the surrender of the document of a vessel covered by a preferred mortgage shall be obtained, except as specified in note 19, § 3.30 (a) or in the case of the forfeiture of the vessel or its sale by the order of any court of the United States or any foreign country.

(b) If any documented vessel is lost, destroyed, or abandoned, the owner shall immediately report the fact to the collector of customs at the home port of the vessel.

(c) A document need not be surrendered because the engine of the vessel is changed, if there is no change in the rig, dimensions, or tonnage of the vessel, nor because of a change in the service of the vessel, when there is no change in trade, nor in the number of persons in its crew. In such a case, a notation of the

change shall be made on the document by a collector of customs and initialed by him.

(d) A document need not be surrendered because of the appointment of a guardian or committee for the owner of the whole or any part of the vessel, nor because of the appointment of a receiver, either in bankruptcy or in equity, of the assets of the owner of the whole or any part of the vessel.

(e) When a document is surrendered incident to the sale or other transfer of a vessel to an alien, if such transfer has been approved by the Maritime Administration in accordance with the requirements of law, the following certificate shall be issued by the collector of customs concerned upon the presentation of the bill of sale or other evidence covering the transfer:

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(a) Every document granted by the collector at a port other than the home port shall be temporary."

(b) Every temporary document shall be surrendered to the collector within 10 days after the arrival of the vessel at her home port and whenever the surrender of a permanent document is required.

(c) The term "arrival" in the preceding paragraph means the voluntary arrival of the vessel in the regular course of her employment.

(d) The approval of the Maritime Administration of the surrender of the document of a vessel covered by a preferred mortgage shall be obtained, except as specified in note 19, § 3.30 (a).

18 See note 5, § 3.6.

(R. S. 4146, as amended, 4160, 4162, 4168, 4170, as amended, 4325, sec. 30, subsec. O, 41 Stat. 1004, sec. 204, 49 Stat. 1987, as amended; 46 U. S. C. 23, 30, 32, 37, 39, 267, 961, 1114)

§ 3.28

Rebuilt and new vessels.

(a) A vessel may be deemed to be a new vessel in a case in which it has been built entirely of new materials or in a case in which it has been built in whole or in part of old materials taken from another vessel provided no considerable part of the old material used has been left undisturbed or intact without being taken up, refitted, and reset. A vessel may be deemed to have been rebuilt if any considerable part of the hull in its intact condition without having been broken up is built upon or substantially altered.

(b) When a new vessel is constructed in whole or in part of material taken from an old vessel; when an existing vessel is rebuilt; when in the case of a vessel of more than 500 gross tons, an addition or change in any major component of the hull or superstructure is made and such major component was not constructed in the United States, its Territories (not including trust territories), or its possessions; when a vessel of more than 500 gross tons is otherwise so altered as to give rise to a reasonable belief that such vessel may have been rebuilt, unless such alteration was effected entirely in the United States, its Territories (not including trust territories), or its possessions; or when it is desired, in the case of an unrigged wooden vessel, other than a foreign-built vessel (class 9), that a notation be made in the publication, Merchant Vessels of the United States, as to rebuilding, the owner of the vessel shall submit through the collector of customs at the port where the vessel then is or next arrives thereafter to the Commissioner of Customs a certificate of specifications outlining the work performed on the vessel, showing the place where any such building or rebuilding was effected, and describing the extent to which old materials used were taken up, refitted, and reset or the extent to which parts of the old hull in its intact condition were used or built upon. The certificate shall be accompanied by accurate sketches or blueprints illustrating the extent of the work performed when such sketches or blueprints are available. Such certificate shall also be accompanied by a certificate of the builder, which shall be on customs Form 1261

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